.. In his remarks, Mr. Barr said the Justice Department’s primary obligation is to determine whether a crime has been committed, rather than lay out facts without making a determination.
A Justice Department official said Tuesday it will take weeks to make the Mueller report public. House Democrats on Monday gave Barr an April 2 deadline to provide Congress with a copy.
A road map from the Watergate prosecution shows a potential route for the special counsel to send incriminating evidence directly to Congress.
But a 44-year-old “road map” from the Watergate prosecution shows a potential route for Mr. Mueller to send incriminating evidence directly to Congress. The road map was devised in 1974 by the Watergate special prosecutor, Leon Jaworski, with our assistance. We wrote the road map — actually a report — to be conveyed to Congress; it was called “Report and Recommendation” and served as a guide to a collection of grand jury evidence contained in a single document. That evidence included still-secret presidential tape recordings that had been acquired through grand jury subpoena — but which had been withheld from Congress by President Nixon.
The recent decision by Washington’s Federal District Court chief judge, Beryl Howell, to release the document from the National Archives provides a historic legal precedent that could be a vehicle for Mr. Mueller and the grand jury assisting him to share the fruits of their investigation into possible criminal conduct within the Trump presidential campaign and subsequent administration.
.. In all the discussion about Mr. Mueller’s options when he concludes his investigation, little attention has been paid to the potential role of the grand jury. Chief Judge Howell’s decision unsealing the Watergate road map brings new focus on the role the grand jury might play in the dynamics of the endgame. Although the grand jury is a powerful tool for federal prosecutors, it has historic and independent power and operates under the supervision of the federal judiciary. Following the Oct. 20, 1973, “Saturday Night Massacre” — in which President Nixon forced the Justice Department to fire the original special prosecutor, Archibald Cox — the Watergate grand jury played a critical role in forcing the president to back down, hand over the subpoenaed tapes and appoint a new special prosecutor.
.. Although Mr. Cox had been fired, his staff — duly appointed federal prosecutors — had not. The grand jury, as an arm of the judicial branch, could not be fired by the president. Indeed, Judge John Sirica of the United States District Court immediately summoned the grand juries (there were two) to his courtroom and exhorted them to continue to pursue their investigations and assured them that they could rely on the court to safeguard their rights and preserve the integrity of their proceedings.
.. In the face of Congress’s inability to obtain evidence that the grand jury well knew incriminated the president, we prepared the grand jury report to Judge Sirica and requested that he use his plenary authority to transmit that evidence to the House Judiciary Committee
.. It was carefully written to avoid any interpretations or conclusions about what the evidence showed or what action the committee should take. The report contained a series of spare factual statements annotated with citations to relevant transcripts of tapes and grand jury testimony. Copies of those tapes and transcripts were included as attachments.
.. Much note has been made of the fact that the Justice Department regulations under which Mr. Mueller was appointed actually require him to submit a report to the attorney general. Importantly, nothing in the department regulations prohibits Mr. Mueller’s Department of Justice superior, now Mr. Whitaker, from refusing to release the report.
.. What if Mr. Mueller concludes that the president has committed a crime? The question of whether a sitting president can be indicted remains a subject of vehement debate among scholars. But assuming that Mr. Mueller follows what many regard as “current Justice Department policy” based on several past internal legal opinions that an indictment is inappropriate, then the appropriate place for consideration of evidence that the president has committed crimes rests definitively and exclusively with Congress.
.. If Mr. Mueller has obtained such evidence, his responsibility and the correct operation of our system of government compel the conclusion that he and the grand jury can make that evidence available to Congress through a report transmitted by the court.
.. With the fox now guarding the henhouse, there is sufficient precedent for the grand jury and Special Counsel Mueller to seek the chief judge’s assistance in transmitting a properly fashioned report to Congress.
The Times podcast focuses less on Gingrich’s style and more on his use of so-called “wedge issues.” Times columnist Jennifer Senior interviews Republican former congressman Vin Weber about how the GOP “exploited” American differences on cultural issues such as partial-birth abortion and gay marriage to help hand them their first majority in two generations.
But it turns out that “wedge issue” is just another word for “popular position.” In the early 1990s, there wasn’t a meaningful electoral constituency for gay marriage. There wasn’t much public support for partial-birth abortion. By bringing up cultural issues, the Republicans not only gave voice to millions of Americans who had deep concerns about the cultural direction of the country, but also exposed divisions in the Democratic coalition.
Gingrich’s Contract with America (you can read it here) was extensively poll-tested to present only promises that had overwhelming public support. Gingrich was a political street fighter, yes, but he was playing a very strong political hand. Congress was overdue for serious change.
.. it’s hard to argue that he “broke politics” when the GOP House and the Clinton administration worked together to enact significant legislation.
.. What? The president of the United States (a man who is almost certainly a sexual predator, by the way) had an affair with an intern in the Oval Office and lied about it under oath. He lied to the American people. He conducted a systematic smear campaign against his accusers and his investigators. None of this was Newt Gingrich’s fault.
.. It is absolutely worth profiling Gingrich and considering his role in American politics — including the undeniable part he’s played in American polarization. Some of his tactics have absolutely been destructive. But the diagnosis here is just fundamentally wrong.
.. Did Newt Gingrich “break” American politics more than Roe v. Wade did? Do progressives know or care about the shock waves Ted Kennedy’s “Bork’s America” speech sent rippling through conservative America? Lest you need reminding, here is the key part of that vile text:
Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of our democracy.
But for progressives, Roe is good and Bork is bad, and so a bit of sloppy judicial reasoning or rhetorical excess is but a trifling compared to the worth of the broader cause. It’s the arc of history bending towards justice, and that’s not always neat or clean.